Assignment Brief Common Law 1 May 09 Jati

INSTITUT JATI BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE

BTEC Unit No: 5 Assignment ref. no.: CL010209Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENGChief Internally Verifier: MS. NG SIEW FENG

ASSIGNMENT BRIEF 1

COMMON LAW 1

Learning outcomes and assessment criteria covered: LOC 1 AND LOC 2

CASE STUDY 1

John approached you for some clarification:

I was walking around SOGO Shopping Complex to do some window shopping last Sunday. I saw an advertisement in a furniture shop called Comfortable Furniture Sdn Bhd which read “BEST BUYS, FOR TODAY ONLY”. I immediately went into the shop to check out the furnitures and the prices too. In fact, I always to purchase a set of dining table for my new home which I will be moving in soon.

There I was approached by a salesman who introduced himself as Nathan, who manage to convince me to purchase an exclusive dining set. The dining set had the price label of RM1,200-00. I bargain to RM1,000-00 and Nathan agreed without much hesitation. I felt it was good bargain for a 6 seater dining. As I did not have much money then, I told him that I would pay him a deposit of RM100-00 immediately in order to place my booking for the dining set. However, he refused and said I shall only pay when I collect the set because it is not the company's policy to accept deposits before concluding a sale. I told him that I would definitely come in two days time to collect the dining set and make full payment then. In return, he promised to keep the ding set for me and he immediately placed a notice on that dining set “SOLD”. As I was very busy with my work, I only managed to go the shop a week later. To my annoyance, the salesman told me that he already sold the said dining set to one Mr Ron for a better price. I was very upset with him because he did not keep up to the promise. I reminded him that we had a contract and he replied arrogantly it was only a mere bargain and that the counter offer was not accepted by the management. He also said that there was no written agreement nor any deposit paid. I went home with great disappointment. I intend to sue the shop for breach of contract. Please advice me on following:

You are required to answer all the following tasks.

Task 1 (LOC1: AC1 & AC2)

i) What are the various types of business agreement that are commonly entered by the contracting parties. Also state briefly the significance of key elements of contract need for the formation of a valid binding contract between two or more parties on the above scenario.

RAMESH MS. NG SIEW FENG 28 APRIL 2009 18MAY 2009



ii) In the given scenario, define the term 'offer' and 'acceptance' and what are the rules relating to it. Also discuss the impact of new technology in the above case study.

Task 2 (LOC1: AC3 & AC4)

i) Define the term 'intention to create legal relations' and what are the significance of the rules relating to it. Also define the term 'consideration' and describe the rules of the consideration that must be provided by the parties to the contract in the above situation.

ii)Define the term 'capacity' to contract and explain the significance why contracting parties basically require legal capacity to enter into a legally binding contract on the given situation.

CASE STUDY 2

John an insurance agent for the last 5 years wanted to visit his friend Ramu to discuss an insurance proposal. He managed to park his new car Kelisa at the Easy Car park Sdn Bhd. While having a cup of tea he managed to explain all terms and conditions in the insurance proposal form and convinced Ramu to take an insurance policy.

After the appointment, when he return to the car park where he was shocked to see his car being knocked by some unknown vehicle. He was very annoyed and approached the car park attendant for clarification. The car park attendant told him to read his car park ticket and the notice board which reads, 'The management shall not be liable for any damage to the car parked in the car park'. He argued that the exclusion clause is not clearly worded. He wants to sue the car park for breach of contract. You are required to:Task 3 (LOC2: AC1 & AC2)

i) Analyze specific contract terms with reference to their importance and impact if these terms are broken.

ii) Also apply and analyze the law on standard form contract.

Task 4 (LOC2: AC3)

i) Discuss the effect of exemption clauses in attempting to exclude contractual liability.




ASSESSMENT CRITERIA

Students who fail to submit their work on time or fail to gain a pass grade will be given a referral grade.

GRADING CRITERIAGrade Descriptor Pre-

RequisiteEvidence to meet requirements.

To obtain a Pass

Meet all the requirements defined in the

assessment criteria

Able to fulfill or complete task correctly.

To obtain a Merit

M2: Select/design and apply appropriate methods/Techniques

Pass Select and apply appropriate strategies with regard to the different type of business agreements and the appropriate essential elements in the formation of a valid contract in particular with reference to offer and acceptance in the given scenario considering any impact of new technology.

Select and apply the appropriate method with regard to the intension of the parties to create legal relations and the legal capacity of the parties to enter into a contact.

Select and apply the appropriate specific terms with reference to their importance and impact of these terms are broken and finally analyze the law on standard form contracts.

M3: Present and communicate appropriate findings

The appropriate structure and approach has been used for this assignment. Which is this whole assignment needs to be in a format:

Assignment brief Table of contents A4 size Font 12




1.5 line spacingTo obtain a Distinction

D2: Take responsibility for managing and organizing activities

Merit Able to submit your assignment on time and date as per stated in this assignment

Evidence of findings and related references should be attached with the assignment copy.

D3: Demonstrate convergent/lateral/ creative thinking

Show that the tasks have been soled through the generation of ideas with appropriate case study and recommendation of new technology based on the information gathered from your findings

Conclusions show the principles of contract are applied and coverage thoughts by showing ability to justify support and argue conclusion through generation of realistic ideas.

.COMMON SKILL ASSESSMENTBelow is the common skill to be assessed in this particular assignment. A common skill assessment sheet highlighting the common skills being assessed in the assignment should be attached with the brief.

No Common Skills Grade Evidence to Meet requirement2 Managing own time

in achieving objectives

Pass Complete whole assignment according to time scale.

Merit Complete whole assignment according to time scale and able to show progress of subtasks.

Distinctions Progress review of targets and achievement showing subtasks and overall assignment task completed to timescale. Keeping to time during presentation.

6 Relate to and react with individuals and groups

Pass Ability to give adequate basic descriptionMerit Ability to give accurate description and apply

knowledge learnt from case studiesDistinction Ability to evaluate and compare case studies and

apply knowledge

SUBMISSION DATE: 18 May 2009


Assignment Brief Common Law 1 May 09 Jati

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